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Nov 10, 2013 1:40pm EST
to for coercion are ones that trouble us because they are things that have analogs in our history. so, for example, they point to the presence of children. but, of course, on the senate floor are the senate pages, who are all high school juniors. and as the reply brief points out, there are often children in the galleries at state legislatures being acknowledged. and so some of those -- those elements that the respondents have pointed to for coercion we think are not ones that the court should should adopt. >> of course, your -- your test is whether or not -- part of your test -- is whether or not it advances religion. if you ask a chaplain for the state assembly in sacramento, california, who's going to go to the assembly to deliver a prayer, are you going to advance your religion today, would he say oh, no? >> so, your honor, i think it's a much narrower test. what this court said in marsh was that the limit on legislative prayers is prosle -- does it proselytize, advance, or denigrate any one religion. we think with respect to the content of the prayer, that the second circuit
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